Custody Hearing
by LanieEspo22
Summary: Hotch and Hailey's custody hearing over Jack. and all the teams involved. Mentions of HP
1. Chapter 1

**Hey, I got the idea from this story from another story i read about the custody hearing that is the only thing that is repeated though the central idea of the custody hearing p.s. i know this happened ages ago :)**

**Thanks please R&R**

**P.P.S I do not own the characters off of Criminal Minds **

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><p>Hotch felt weird and uncomfortable he was on the wrong side on the court room, he had always been on the right because in his mind they were always right. But in this court room he wasn't a prosecutor or ex-prosecutor for that matter, it mattered hugely that he was an FBI agent but not in the way that he was used to. No, because today was one of the worst days of his life he was fighting for visitation rights to see his son, the one person that made him smile.<p>

Judge Morrow knew that this was going to be an interesting yet stressful case for all parties involved and he had to admit outing aside for a moment the fact that there was a child involved, he was eager to see what came out during this case.

Ethan Land had known Aaron Hotchner since they were in law school and was honoured when his friend had asked him to represent him, also he thought it was a bit ironic considering that he had been Hotch's best man at his wedding some 15 years ago and now he was the one that was trying to get him out of it.

Harry Black was worried, the closer this case got, the more he read the more anxious he became. This was going to be a tough crowd of course it was closed except to friends families and witnesses who had already testified, what worried him were who Aaron Hotchner's character witnesses four agents of the BAU and one technical analyst. He knew that they would have an advantage over him he just hoped that it wouldn't mean losing this case.

First to the stand Technical Analyst Penelope Garcia.


	2. Penelope

**I Do not own Criminal Minds**

**Please R&R **

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><p><em><strong>Penelope Garcia <strong>_

The team plus Jack and Jess were sitting in a small room off to one side of the courtroom, the team were more than willing to help Hotch with his thing but they were all sitting in awkward silence because Jess was there for Hailey also Jack was there. The usually happy and excitable three year old was unusually subdued today despite Reid trying to keep him entertained. They all froze when the door opened and the bailiff came in and most of them let out a sigh of relief when he said "Penelope Garcia."

They had all discussed within reason what they were going to say but Garcia changed her mind at the last minute she was going to do everything in her power to make sure that Hotch got to spend time with his son.

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><p>Bailiff: "state your name, occupation and relationship to the parties involved please."<p>

"My name is Penelope Garcia, I am a Technical Analyst for the BAU out of Quantico, Virginia and I am a family member to Aaron Hotchner."

At this everybody in the courtroom frowned except for Hotch who knew what she meant.

"You're a blood relative of Aaron Hotchner?" Judge Morrow asked in a slightly disbelieving tone.

"Well not _blood_ relative per se but let me explain something to you." Penelope said while reaching into her bag to pull something out of it.

"The BAU team is a family, in our job we see some of the most horrifying things that human beings can do to each other and we do it like no other team in the world, this because we are a family. True, we are not blood relatives but each member of our team plays a vital role. Our team is similar to that of a family. See (indicating to the photograph on the front of a photo album showing it to the judge and starts showing the judge the pictures) Jennifer Jaruea, Derek Morgan and I are the children. We all have fun when were not a case and watch each other's backs and while I stay at home I still try to and make them smile at least once a day on a case. Dr. Spencer Reid is the youngest and is fairly socially challenged and a genius and we all love him, we all pick on him but like the other members of our team we would protect him to the end of time. Rossi is like the weird uncle/ grandfather that we all love and Emily and Hotch are the parents of all of us they make sure that we are all ok inside and out and despite Hotch's….. _Stoic _expression goes to all lengths to protect the team he is our flag, the flag that we all look up to and that looks over us while Emily is our pole she is the one that can tell what everyone is feeling and knows what to say to everyone especially Hotch. And finally we come to Jack he is our shining star whenever he comes in we all put down what we're doing and spend some time with him because he is the purest thing in our lives, he reminds us all of why we look at pictures of mangled bodies and watch as another family falls apart because a monster has taken their baby."

Garcia's eyes were lined with tears, Hotch was looking at her with a look of admiration in his eyes that she had never seen before, Hailey looked mad and her lawyer was rising.

"Ms Garcia how often does Mr Hotchner bring Jack into the office?"

"ah…. whenever Hailey lets Jack have him over the weekend he usually picks him up on the Friday afternoon about 4:30 but we don't usually leave till around six so he brings him in but Hailey only lets him see her about once a month if that so not much… why?"

"Do you think it's irresponsible to let a child into an office where and I quote 'we see mutilated bodies and see families torn apart when a monster takes their baby?"

Garcia sat up straighter and had a look in her eye that Hotch had seen only a couple of times someone was threatening her family and she would make them pay.

"No."

"No?"

"No, like I said before Jack is our shining star when he comes we put all items away and we all babysit Jack while Hotch finishes his paper work, he usually sits on Emily's lap cos she's his favourite while he colours then Reid talks facts and shows him physics magic….."

This time Judge Morrow interrupted.

If neither party minds I have a couple of questions for Ms Garcia. Both parties' lawyers looked curious and shook their heads in agreement.

"Question one what in the world is physics magic?"

Garcia and Hotch both let out involuntary chuckles and in Garcia's case she's could barley stop laughing so Hotch stood.

"Your Honour if I may Doctor Reid is a 26 year old genius that graduated high school at the age of 12. He has limited social skills and although he is a genius the things that make him feel most comfortable is statistics and what he call physics magic. Magic is well magic but he also uses his knowledge of physics to show Jack cool displays of physic's that he refers to them as physic magic."

"Thank you Mr Hotchner, second question why is Emily Jacks favourite?"

Garcia looked uncertainly at both Hotchner's she saw Hailey reaction to the question and although she wasn't a profiler she could tell that she wanted to know the same thing and then something clicked.

"Emily? You know her sir?"

"ah yes I met her once or twice when she was younger at a couple of her mother's functions although she would only stay with the adults for a few hours then she would sneak off to go play with the children. But I haven't seen her in well nigh on twenty years."

Both Garcia and Hotch smiled clearly not surprised.

"Well sir, she hasn't changed much. Jack loves her because she always gives him massive hugs, she answers his questions that everyone else shy's away from especially pertaining to his mum and dad's relationship, and she always has a treat from him plus she's hard not to love."

Haley looked like she was about to explode especially when she saw Hotch smiling _he hardly ever smiles! _Judge Morrow looked content with her answers apologised for interrupting before signalling for her lawyer to continue.

"Do think it's a bit neglectful of Mr Hotchner to leave Jack with you guys on what you said were the very few days he had him to spend it at work."

"NOT ALL!" Garcia all but yelled before continuing. "Hotch spends those few hours finishing paperwork that he is always swamped with so he can afford to take the weekend off to spend time with Jack. This is the only way that he can take it off in good conscience besides Emily always helps anyways she takes half the paperwork off his desk when he's not looking." At this news Hotch's eyebrows went up and Garcia's hand flew to her mouth.

"May I have a look at your photo album quickly Ms Garcia?"

"Sure, the pages that are tagged are the ones with pictures of Jack."

This was an informal hearing so everyone circled around Garcia as she explained the photos. Hotch was surprised, of course he remembered the events and days that the pictures were taken but he didn't remember seeing her with a camera. Most of the photos were of the team at the park, the boys playing touch, the girls with Henry watching them, everyone eating and helping themselves and the kids to food and more like that. Hotch reached out when he saw a photo that he hadn't seen before, it was of him, Jack and Emily squirting each other with water they were all soaked. He couldn't help but smile they all looked so happy.

"Oh! I remember that day it was after a pretty bad case and Hotch had Jack so we all went to the park and had a barbeque, we all had a great time… playing Frisbee, the boys played touch with Jack, then we had a water fight

Hailey's lawyer knew that this didn't help his case. "Thank you Ms Garcia, no more questions your honour."

"No questions your honour I believe that Ms Garcia has answered everything, however I would like to request keeping the photo album for a short time, I promise Ms Garcia that I will return it to you in the condition in which it was given."

"Ok as long as I get it back."


	3. Spencer Reid

Everyone was starting to get anxious and wondering what they could possibly be talking about for an hour, I mean Penelope helped with Jack now and then but her and Hotch weren't that close. The door opened and it was amusing to hear everyone shush the guard before he could announce the next person too loudly as Jack had finally given into sleep lying mostly on Emily but also on Jessica. The guard smiled in understanding and pointed to Reid who looked like a deer caught in headlight and threw a fearful look at Emily who flashed the smile that always gave him confidence and a one armed hug.

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><p>Reid was nervous about what he was going to talk about, he was good with facts not feelings and emotions but still he was here for Hotch and Jack as their friend not a genius.<p>

Bailiff: "Please state your name, occupation and relationship to any of the parties."

"Hi my name is Doctor Sp-Spencer Reid and I am a Special Agent with the FBI which stands for the Federal Bureau of Investigations where I am in the Behavioural Analysis Unit or the BAU and Aaron Hotchner is my superior and my friend."

Reid finished his nervous ramblings, and frantically looked for Garcia who gave him an encouraging smile, which he returned. Hotch's lawyer was first to ask him questions and Hotch was grateful for that fact, he had been able to teach the lawyer how to talk 'Reid' and give him tips for boosting the boy genius's confidence.

"Dr Reid, we have been told that you talk to Jack a fair bit when you see him, that you show him physics magic and tell him facts about his favourite things do you enjoy these things with Jack?"

"Very much sir, Jack is the only child I have been in contact with except my godson Henry however it is easy to tell that he is very bright for his age, he is an avid learner and loves to hear facts about all his favourite subjects which mostly includes dinosaurs. I very much enjoy talking to Jack most of the time but if I ever freeze or get to uncomfortable Hotch or Emily is always there to help."

"Can you profile Mr. Hotchner's relationship with his son?"

"We have a rule not to profile other members of our team, but seeing this is important I'll tell you what I observe and what I think are some reasons behind these actions. (Deep breath) They both love each other as much maybe more than any stereotypical father son relationship I'm not sure about that I haven't had great examples but what I do know is that if I ever had a son I would want our relationship to be like theirs, Spencer seemed to go to a world of his own when he was talking he suddenly realised where he was, he looked up a Hotch who wore a expression of gratitude and happiness, Garcia was beaming but he knew that he had to continue. Hotch calls Jack every night before bed and if he misses a night because were busy he calls twice the next day, but it doesn't happen often. The few weekends that Hotch has Jack that's were the focus is and it is the only time that unless it is a threat to national security where Hotch is considered unreachable. That is his and Jack's time. I think that all of these actions are to make sure that Jack knows that Hotch still loves him no matter what, even though he might miss the actual party he never misses the birthday making sure that Jack still gets a relationship with his father that Hotch never got with his father."

"Thankyou Dr. Reid, no more questions your honour."

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><p>The defence lawyer stood up, Reid's nervousness started to show once again.<p>

"Dr. Reid, can you tell us about your relationship with your father?"

"uh …. I would really prefer to not so if you could just ask a different question especially considering that this is about Hotch and Jack not me."

Reid was looking at the judge with puppy dog eyes, pleading him to overrule the question. The judge looked from Reid to the Defence lawyer lips pursed.

"Is your question absolutely penitent to the case considering he isn't a direct party and it is obviously a troubling subject?"

"No Your Honour, It is fair to day that by your reaction that you don't have a relationship with your father, I'm guessing that he abandoned you. Do you think that Jack will end up resenting his father the way that you resent yours?"

There was looks of outrage on Hotch, and his lawyers faces. You could hear a gasp from Garcia and she looked angry, the judge looked less then pleased but Spencer realised how the questions fit together so before anyone could interrupt he spoke up.

"It would be my guess that Hailey told you that detail about my abandonment issue and no matter how wrong it was for Hailey to tell you that since I'm sure that Hotch told her as a confidant while they were still husband and wife. Making me wonder if she tells private information about me to benefit herself what else does she say to, I believe the phrase is one up her ex."

"Your Honour!"

"Dr. Reid" the Judge said menacingly

"Sorry, but can I answer the question?" the Judge nodded his head. "No. an outright no. I do not believe that Jack will end up like me. In my childhood I looked after my schizophrenic mother more than she looked after me. My father left when I was 10 yrs old, he abandoned me in a letter I haven't seen him nigh on 20 years. I had no friends or family, I was alone. That is the complete opposite for Jack he is still in regular contact when they can and even if they disappeared he has an amazing support system if you don't believe me ask the bailiff what he saw when he came to see me."

"Thank you no more questions.'

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><p>Hope you Enjoyed sorry about the updating i'm really bad at that.<p>

Next: Derek Morgan


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